Toplite Trading Pty Ltd and Mr Chenglin Gao - Court action

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The Victorian Supreme Court has made orders declaring that the novelty lighters seized from Toplite Trading Pty Ltd were subject to a permanent ban order and that Toplite and its director, Mr Chenglin Gao contravened the Fair Trading Act 1999 by supplying the novelty cigarette lighters in breach of the permanent ban order.

The court ordered the business to publish a Public Warning, Product Recall and Refund Notice in the Herald Sun and several nominated interstate daily newspapers.

Toplite Trading was also ordered to display the Public Warning, Product Recall and Refund Notice at its premises and on its website for six months, and to pay a full refund to all persons who returned the novelty cigarette lighters referred to in the Public Warning, Product Recall and Refund Notice.

The court also imposed an injunction restraining Toplite Trading and its director from trading in any goods the supply of which is in any way limited by safety standards, interim or permanent ban orders under the Australian Consumer Law (Vic) until it has implemented a compliance program. A further order was made permitting the Director of Consumer Affairs Victoria to destroy the seized lighters.

Toplite Trading and Mr Gao were ordered to pay a contribution of $5000 towards the Director’s legal costs and $400 towards the destruction and disposal of the banned lighters.